Case law

Conservatorship of T.B.

California Court of Appeal · Feb 27, 2024

Khan qualified as an expert in psychiatry and grave disability. Before trial, Dr. Khan went to Villa Fairmont and met with T.B. … Had the Legislature intended for dismissal to be required, it would have said so clearly and explicitly. (Cf. § 5362, subd.

Doe v. North Monterey County Unified School Dist. CA6

California Court of Appeal · Sep 30, 2025

The school district argued that public entities have immunity under the Government Claims Act (Gov. Code, § 810 et seq.), and immunity is waived only if the requirements of the Government Claims Act are satisfied. … Statutes must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears.” ’ [Citation.]” (Voters for Responsible Retirement v.

Kindt v. Kauffman

57 Cal. App. 3d 845 · California Court of Appeal · Apr 29, 1976

At the time of the hearing on demurrer, the law applicable to the pleadings under attack had been clearly enunciated in Cole v. Rush, supra , Carlisle v. Kanaywer, supra , and Sargent v. … The plaintiff's immunization from contributory negligence is not necessary to achieve the objective of Business and Professions Code section 25602.

James S. v. Tony M. CA1/1

California Court of Appeal · Dec 12, 2022

Consistent with well-established principles governing review for sufficiency of the evidence, in making this assessment the appellate court must view the record in the light most favorable to the prevailing party below and … And where the criticism involves procedural matters, “A judge’s ordinary efforts at courtroom administration—even a stern and short-tempered judge’s ordinary efforts at courtroom administration—remain immune.”

Lovejoy v. AT&T CORP.

111 Cal. Rptr. 2d 711 · California Court of Appeal · Oct 5, 2001

Clearly, the real reason plaintiff lost his business was because the switch in 800 service was concealed by ATT. … It does not mean that all fraudulent conduct committed by a carrier is immune from remedy. (See Cooperative Communications, Inc. v. AT&T Corp. (D.

People v. Johnson CA4/3

California Court of Appeal · Mar 7, 2016

Garceau (1993) 6 Cal.4th 140, 171.) 14 peremptory challenge that are apparent from and ‘clearly established’ in the record [citations] and that necessarily dispel … That potential benefit was clearly articulated by gang expert Nye in his testimony.

Tanguilig v. Neiman Marcus Group, Inc.

California Court of Appeal · Apr 16, 2018

Normally, “ ‘[c]ommencement’ of an action for purposes of section 583.310 . . . is firmly established as the date of filing of the initial complaint.” (Brumley v. … SI Corp. (2005) 129 Cal.App.4th 1370, 1376 [the question of entitlement to costs depends on whether a party qualifies as a prevailing party] (Acosta).)

Simons v. Horowitz

151 Cal. App. 3d 834 · California Court of Appeal · Feb 7, 1984

Thus, this notice list clearly does not include all persons covered by the Royalties Act. … An ascertainable class must be established prior to certification of any class action. (Jones v. H. F. Ahmanson & Co. (1969) 1 Cal.3d 93, 120 [ 81 Cal.Rptr. 592 , 460 P.2d 464 ]; Daar v.

Richman v. Bank of Perris

102 Cal. App. 71 · California Court of Appeal · Nov 18, 1929

The shares were issued to the last-named persons in order to qualify them to act as directors. The circumstances of the purchase are not in evidence. … There is no rule of equity more firmly established than the one which says that “he who seeks equity must do equity.”

People v. Marquez CA5

California Court of Appeal · Jun 28, 2024

In determining whether the petitioner has made a prima facie showing, the trial court may consider the “record of conviction” to “distinguish petitions with potential merit from those that are clearly meritless.” … Thus, he claims the record fails to establish his murder charges were not based on a theory of liability prohibited by Senate Bill No. 775. We are not persuaded.

Marriage of Marshall

California Court of Appeal · May 17, 2018

In her brief addressing the tax liability, Linda argued that while the trial court “isn’t bound by the determinations of the Internal Revenue Service and Franchise Tax Board, the case law on the issue clearly provides that … put it another way, whether the rule of law as applied to the established facts is or is not violated.”’”

Delaware Tetra Technolgies, Inc. v. County of San Bernadino CA4/3

California Court of Appeal · May 10, 2016

Thus, the only document purporting to interpret the effect of the Ordinance’s exclusion principles, which was before the County at the time it approved the Ordinance, clearly states that the management plan/memorandum of … Together, the [Plan] and [the Memorandum] qualify for an ‘exclusion’ from the permitting requirements of the Ordinance pursuant to Section 33.06552(b).

People v. Romero CA1/3

California Court of Appeal · Apr 15, 2014

“Unless it is clearly shown that ‘on no hypothesis whatever is the sufficient substantial evidence to support the [jury’s] verdict[s,]’ we will not reverse.” … Thus, the record contains sufficient evidence that defendant’s juvenile adjudication qualified as a strike under the Three Strikes law. 3.

Ocean Street Extension Neighborhood etc. v. City of Santa Cruz

California Court of Appeal · Jan 13, 2022

The Guidelines also explain that that effects dismissed “as clearly insignificant and unlikely to occur” need not be discussed further in the EIR. 16 (Id., § 15143.) … Clearly written objectives help the lead agency develop the range of alternatives by including the underlying purpose of the project. (Bay-Delta, at p. 1165; Guidelines, § 15124, subd. (b).)

Wholesale Electricity Antitrust Cases I & II

55 Cal. Rptr. 3d 253 · California Court of Appeal · Feb 26, 2007

Assembly Bill 1890 (‘AB 1890’) established the legal structure for the deregulation and restructuring plan”].) … This determination is clearly within FERC’s jurisdiction *1307 for determining the reasonableness of wholesale rates. [Citations.]

Chico Police Officers' Ass'n v. City of Chico

232 Cal. App. 3d 635 · California Court of Appeal · Jun 25, 1991

It held that, considered in context, the statement clearly dealt with a matter of public concern. … They have offered no evidence that Moore qualifies as a policy-level official with a special working relationship which might justify an “inference of disruption” to departmental operations.

People v. Klvana

11 Cal. App. 4th 1679 · California Court of Appeal · Nov 30, 1992

Feldman was not qualified as an expert witness. … Feldman would have undoubtedly qualified as an expert witness. e.

Howell v. State Dept. of State Hospitals

California Court of Appeal · Dec 5, 2024

Sherri Holt, Howell’s qualified medical evaluator Dr. Corey Hahn, and DSH’s expert psychologist Dr. … Hahn evaluated Howell four times between 2017 and 2020, including a 2017 qualified medical evaluation in connection with Howell’s workers’ compensation claim stemming from the assault.

Lee v. City of Fresno CA5

California Court of Appeal · Mar 25, 2014

(b)) and, moreover, plaintiffs could not prove all the elements required to establish any of their claims. … Consequently, service of the first notice qualified as protected activity under section 425.16.

Connor v. First Student, Inc.

California Court of Appeal · Aug 14, 2015

First also admits that those background checks were used to confirm that Connor and the other employees “are properly qualified to safely perform their job duties.” 7  There … the Court should not give effect to two patent laws, each with different requirements and protections, that protect the same thing, “‘when two statutes are capable of coexistence, it is the duty of the courts, absent a clearly